Terms of Service | Red Digital

Red Digital Marketing Terms of Service

Welcome to the Red Digital Marketing Terms of Service. This is a binding agreement between you and Red Digital Marketing, LLC, a Florida limited liability company, together with its employees, agents, officers and directors (collectively, “Red Digital Marketing,” “Company,” “we,” or “us”).

You should read carefully our Terms of Service and Privacy Policy (collectively, the "Agreement") before registering for, accessing, or using (collectively “using”) Red Digital Marketing services, website, products, software, and/or content provided by Red Digital Marketing (collectively, the "Services"). By using the Services, you agree to be bound by all the terms and conditions of this Agreement. You are solely responsible for any breach of your obligations under this Agreement and for the consequences of such breach.

If you do not agree to all the terms and conditions of this Agreement, you should not and are not permitted to use the Services. Use of the Services is expressly conditioned upon your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms. This Agreement is void where prohibited by law, and your right to use the Services is revoked in such jurisdictions.

Access, Changes to the Services, Reservation of Rights

The Services are owned and operated by Red Digital Marketing and provided to you solely for your own personal use and may be used only in accordance with the terms of this Agreement and any applicable laws and regulations. Subject to your compliance with this Agreement, we hereby give you a personal, revocable, worldwide, non-assignable, and non-exclusive right to use the Services. You may not assign or grant a sublicense of your rights to use the Services, grant a security interest in your rights to use the Services, or otherwise transfer any part of your right to use the Services. We reserve all right, title, and interest in and to the Services not expressly granted to you under this Agreement.

Company may modify, suspend or discontinue the Services, including the availability of any service, feature or Content (as defined below), at any time without notice or liability. Company may also impose limits on certain features or services, or restrict your access to part or all of the Services without notice or liability. Red Digital Marketing Rewards may be terminated by Company at any time, at its sole discretion, with or without prior notice.

You acknowledge and agree that your use of the Services, including without limitation the storage of any data, files, information, and/or other materials in connection with the Services, is at your own risk and responsibility and we shall have no obligation to back up such data, files or information. Company has the right, but not the obligation, to monitor, decline, edit, or remove all or a portion of any postings, submissions, or other Content in Company's sole discretion. Although your interactions with other users of the Services are solely your responsibility, we reserve the right, but have no obligation, to monitor and resolve disputes between you and any other user of the Services regarding any user’s action or inaction.

Representations and Acknowledgements

You represent and warrant to Company that you are an individual (i.e., not a corporation); you are capable of forming a legally a binding contract with us; and you are at least 13 years or age or older. You also warrant that you are legally permitted to use the Services and take full responsibility for the use of the Services. Accordingly, you agree that you will be solely responsible for all activities that occur under your account as a condition to using all or some aspects of the Services.

Registration, Your Password, and Account Security

To use certain features and functionality of the Services, you must create an account with us, select a password, and provide certain personal information about yourself to us. You must provide accurate and complete registration information, and maintain the accuracy of such information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account.

You may not select or use a name of another person with the intent to impersonate that person; or use a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse your registration or cancel your account in its sole discretion. If you are under the age of 13, you are not permitted to create an account or otherwise submit personal information to us.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. If you become aware of any unauthorized use of your password or your account, you agree to notify us immediately atRedDigital101@gmail.com. By connecting to the Services via a third-party service (e.g., Facebook or Instagram), you give us permission to access and use information, content or material you have supplied to that service as permitted by that service, and to store your login credentials for that service.

Communication with You

By using the Services or communicating with Company or others by means of your access to the Services, you consent to receive communications from Company, including but not limited to, emails, text or social media messages, and other online, mobile, or conventional methods as exist now or may exist in the future. You also agree not to misuse the communication tools available to you by means of your access to the Services, including but not limited to, spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates the Terms of Service.

Placing Orders and Making Purchases from Red Digital Marketing

The following terms govern purchases you make through the Red Digital Marketing website or the Services. It also applies to Red Digital Marketing purchases made on third-party websites you may be directed to via Red Digital Marketing websites or social media accounts.

Ordering. All orders placed through Red Digital Marketing's checkout system and the Services are governed by this Agreement and the terms and conditions of the third-party brands from which you purchase or attempt to purchase items. Red Digital Marketing or a designated third-party will send you a confirmation email when your order is received and when your order has been accepted and processed by the third-party. Whether you can cancel an order once payment is made shall be governed 100% by the terms and conditions of each third-party seller we work with.
Returns. Each third-party brand seller has its own return policy and each order you make will be governed 100% by the terms and conditions of the third-party brand, including but not limited to, if returns are accepted and under what conditions, and whether you are responsible for additional costs associated with any returns. You acknowledge and accept that Red Digital Marketing has absolutely no involvement in or control over whether you will be permitted to return any order or portion thereof.
Refunds. Much like “Returns” discussed above, each third-party seller has its own refund policy and each order you make will be governed 100% by the terms and conditions of the third-party brand, including but not limited to, if refunds are permitted and under what conditions, and whether you will be entitled to a full refund, partial refund, credit, or anything at all. You acknowledge and accept that Red Digital Marketing has absolutely no involvement in or control over whether you will be permitted any refund or credit for any order or portion thereof.
Red Digital Marketing Discretion and Your Recourse. You agree that Red Digital Marketing has the absolute discretion to cancel any order at any time for any reason. You agree that any dispute between you and Red Digital Marketing, and/or you and any third-party brand, related to any purchase(s) made through Red Digital Marketing websites or Services, can be resolved in its entirety by your receipt of a full refund for all amounts you paid for such purchase(s).

Payments

Red Digital Marketing uses a third-party payment processor (the “Payment Processor”) to allow you to pay for products purchased through the Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Agreement. Red Digital Marketing is not responsible for errors made by the Payment Processor. By choosing to purchase goods using the Services, you agree to pay through the Payment Processor all charges at the prices then in effect for your purchase in accordance with the applicable payment terms. You authorize Red Digital Marketing, via the Payment Processor, to charge your chosen payment provider. Please be aware that you may be charged for shipping fees and state and local sales tax.

For each purchase, you grant Red Digital Marketing the right to revise charges and correct any errors or mistakes that are made regarding the purchase price of your order, even where Red Digital Marketing has already received payment from you. For example, in some instances, Red Digital Marketing will charge you estimated state and local sales tax, and may revise the sales tax charge as necessary. You agree that each order through the Services are purchases between you and the third-party brand, and not with Red Digital Marketing. Red Digital Marketing is not a buyer or a seller in connection with any such transactions and is not a party to your payment transaction.

You must provide current, complete, and accurate information for processing of your payment. You must promptly update all information to keep you payment valid, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your form of payment is canceled (e.g. for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your personal information.

Information Red Digital Marketing Collects and Shares Regarding Purchases

When you place an order, Red Digital Marketing will collect and store your shipping address and billing address. Your payment information, such as credit card information, will be maintained by the third-party Payment Processor, and not Red Digital Marketing. In order to facilitate your order, Red Digital Marketing must share your order information with each third-party brand you order from using the Services. In some instances a third-party brand may request your email to help facilitate your purchase. When requested, we will provide your email to the third-party brand you have placed an order with. We encourage you to review each third-party brand’s terms and conditions and privacy policy to understand what each third-party brand does with this information once it is transmitted by Red Digital Marketing.

For information regarding Company's treatment of personally identifiable information, please review Company's current Privacy Policy, which is incorporated by reference into this Agreement. Your acceptance of this Agreement by using the Services constitutes your acceptance and agreement to be bound by Company's Privacy Policy.

Intellectual Property

All materials displayed or performed on the Services (including, but not limited to text, graphics, images, music, video and audio (collectively, the “Content”)), including User Submissions (as defined below), are protected by copyright or other intellectual property rights. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purposes whatsoever any Content or other intellectual property not owned by you (i) without the express prior written consent of the respective owners and (ii) in any way that violates any third-party right.

You acknowledge and agree that we (or our licensors) own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services, without limitation, whether those rights are registered or not and wherever in the world those rights may exist. Without limiting the foregoing, the “look and feel” of the Services and the compilation, assembly, and arrangement of the Content are protected by copyright and other intellectual property rights, and we (or our licensors) own or control all intellectual property rights in same. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Services or Content therein, in whole or in part.

You may download the Content (and other items displayed on the Services for download) for noncommercial use, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. If you link to the website, Company may revoke your right to so link at any time, at Company's sole discretion. Company reserves the right to require prior written consent before you link to the website.

In the course of using the Services, you and other users may provide information which may be used by Company in connection with the Services and which may be visible to certain other users. You understand that by providing Content or information to Company in connection with the Services (collectively, "User Submissions"), Company hereby is and shall be granted a nonexclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to fully exploit such User Submissions (including all related intellectual property rights) in connection with the Services and Company's (and its successors' and assigns') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels; however, Company will only share your personally identifiable information in accordance with Company's Privacy Policy in effect from time to time.

You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. You warrant that you possess all the rights, capacity, power, and authority necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.

You also hereby do and shall grant each user of the Services a nonexclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under this Agreement. Furthermore, you understand that Company retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions you submit. For clarity, the foregoing license grant to Company does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing. However, you agree that Company is not responsible for protecting or enforcing any intellectual property rights you may have or grant to us in connection with this Agreement.

Content Use and Restrictions

You understand that all Content, statements, or other information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Company does not endorse or warrant such Content or information. Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services and is not responsible for the accuracy, timeliness, completeness, or reliability of any Content. You acknowledge that all Content you access using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

You may not rely on any Content or information posted on or transmitted through the Services for any purposes. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance, or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, degrading, intimidating, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Company; (v) restricts or inhibits any other user from using and enjoying the Services or Content; (vi) relates to products that are sexual or pornographic in nature, alcoholic products, tobacco products, or products that are unlawful in any manner; or (vii) contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all.

You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Listserv, any form of autoresponder, or "spam" on the Services, or any processes that run or are activated while you are not logged in to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

Warranty Disclaimer

The Services and Content are provided on an "as is" and “as available” basis, without warranties or representations of any kind. To the fullest extent permitted by law, we expressly disclaim all warranties, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, noninfringement, or that use of the services will be uninterrupted or error free.

Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for your having acquired or not acquired Content through the Services.

The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding the accuracy of colors or textures displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual color, texture, size, fit, quality, or use of such products or services).

Products and services purchased (whether or not following such recommendations and suggestions) are provided "as is" without any warranty of any kind from Company or others unless, with respect to others only, otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service.

Limitation of Liability

Company shall not be liable to you, and you shall be solely responsible, for the selection, use, and suitability of the Services and the Content, merchandise and experiences provided via the Services. To the fullest extent permitted by law, in no event shall Company, its suppliers, or affiliates, or their respective officers, directors, employees, or agents, be liable to you with respect to the Services or the subject matter of this Agreement, under any contract, negligence, tort, strict liability, or other legal or equitable theory for any amount in the aggregate in excess of the greater of $100 or the actual fees paid by you for the Services and any products or services purchased through the Services during the 12-month period preceding the applicable claim. In no event shall Company, its suppliers or affiliates, or their respective officers, directors, employees, or agents, be liable to you for any indirect, incidental, special, exemplary, punitive, consequential, or any other damages in connection with your use of the Services, or purchase or use of products, merchandise, or experiences via the App, including, but not limited to, loss of or damage to data or information, personal injury, or property damage, however caused, whether based on contract, tort, warranty, or other legal theory, even if Red Digital Marketing has been informed in advance of the possibility of such damages and/or such damages could have been reasonably foreseen by Red Digital Marketing, regardless of whether any remedy set forth herein fails of its essential purpose.

Indemnity

You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

Third-Party Websites

The Services may contain links to third-party websites or services ("Third-Party Websites") that are not owned or controlled by Company, or the Services may be accessible by logging in through a Third-Party Website, as described more fully in our Privacy Policy. When you access Third-Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third-Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement.

Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of any third party, or opinions expressed in any Third-Party Websites. In addition, Company will not and cannot monitor, verify, censor, or edit the content of any Third-Party Website. By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any Third-Party Website. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Because we respect artist and content-owner rights, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on Red Digital Marketing, please notify Company at RedDigital101@gmail.com. When filing your report, please provide the following information:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on Red Digital Marketing;

Information reasonably sufficient to permit Company to contact you, such as your address, phone number, and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Once proper, bona fide infringement notification is received, it is our policy:

To remove or disable access to the infringing material;
To notify the content provider or user that we have removed or disabled access to the material;

That repeat offenders will have the infringing material removed from the system and that we will terminate such content provider’s or user’s access to the Services.

Fees and Payment

Company reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the website in connection with such Services you select. Company reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are nonrefundable.

Term and Termination

This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services for any reason, with or without warning, which may result in the forfeiture and destruction of all information associated with your account. Company may also terminate or suspend any and all Services and access to the Services, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Changes to Agreement, Additional Rules, and Policies

We reserve the right to change, amend, and/or modify this Agreement, in whole or in part, at any time. You hereby acknowledge and agree that such changes, amendments, and/or modifications will become effective when posted on the App or website or as otherwise provided by us. From time to time, we may post on the App or website or otherwise notify you of additional or different rules and policies relating to the Services. Such rules and policies shall thereafter be part of this Agreement. If you use the Services after the posting or other notice of changes in this Agreement or changed rules or policies, you agree to follow and be bound by them.

Arbitration, Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of laws provisions. Any dispute arising under this Agreement shall be subject to binding arbitration by a single arbitrator, in accordance with its relevant industry rules, if any. Arbitration shall be held in Orange County, Florida. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the federal or state courts located in Orange County, Florida.

Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. You may not assign, transfer, or sublicense this Agreement except with Company's prior written consent. Company may transfer, assign, or delegate this Agreement and its rights and obligations without your consent.

Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

Contact

If you have any questions, complaints, or claims with respect to the Services, you may contact us at RedDigital101@gmail.com.